Section 42 of the Odisha Value Added Tax Act, 2004 - Assessment - Audit assessment

CST & VAT: Odisha VAT - Where Competent Authority conducted audit at business premises of assessee and submitted Audit Visit Report to Assessing Authority on 12-12-2006 and Assessing Authority issued on assessee a notice dated 23-8-2007 and later he passed assessment order under section 42 on 18-6-2008, order of assessment was barred by limitation
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[2015] 54 taxmann.com 36 (Orissa)
HIGH COURT OF ORISSA
Chandrika Sao
v.
Sales Tax Officer, Balasore, Range, Balasore*
I. MAHANTY AND B.N. MAHAPATRA, JJ.
W.P. (C) NO. 165 OF 2009
NOVEMBER  26, 2014
Section 42 of the Odisha Value Added Tax Act, 2004 - Assessment - Audit assessment - Period 1-4-2005 to 30-11-2006 - Competent Authority after conducting audit at business premises of assessee for tax period 1-4-2005 to 30-11-2006 submitted Audit Visit Report to Assessing Authority on 12-12-2006 for completion of audit assessment under section 42 - Assessing Authority issued on assessee a notice dated 23-8-2007 enclosing Audit Visit Report - Thereafter Assessing Authority passed assessment order under section 42 on 18-6-2008 - Whether in view of provisions of section 42, order of assessment was clearly barred by limitation - Held, yes [Para 10][In favour of assessee]